Scottish Court of Session Decisions

Subject_1 INHIBITION.
Subject_2 SECT. IV.

Inhibition has Effect only against Voluntary Rights.

Fleming
v.
His Creditors

Date: 9 March 1633
Case No. No 95.

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Captain Fleming being addebted to sundry creditors, and inhibited at the instance of ——— one of them, after inhibition, he makes disposition of the lands of Katherline for payment of certain others his creditors for sums addebted to them before the inhibition. ———, at whose instance he was inhibited, pursues reduction of the infeftment granted to ——— ex capite inhibitionis. It was alleged against the reduction, That his infeftment was granted for payment of true debts owing to C. A. before the inhibition which were specially inserted in his disposition, and so ought to be drawn back ad suam causam. To which it was answered, That although the debts for which the infeftment was granted were anterior to the inhibition, yet seeing by the said bonds, the debtor was not obliged to infeft them in his lands, in which case, the infeftment would have been sustained, but being personal bonds, the debtor could by no voluntary deed make prelation of one creditor to another, who had used greater diligence by serving of inhibition. The Lords repelled the exception in respect of the reply.

Auchinleck, MS. p. 110.